197. If protection of returnees and/or IPDs is a significant issue in the country of operation, it is important that adequate attention be given to creating a structure within the human rights operation for dealing with such issues. The structure chosen will
ultimately depend on the returnee/IDP situation in the region and on the mandate of the operation. Some guidelines are provided here.
1. Returnee/IDP unit or focal point
198. The operation may wish to establish a specialized returnee/IDP unit as a part of the central office, or to appoint an individual as a returnee/IDP focal point within the office. The unit or focal point can be given responsibility, under the direction of the chief of the operation, for developing the operation’s policy towards returnee/IDP issues and for developing and implementing a plan of action.
199. The unit or focal point would also be responsible for developing contacts with other relevant international organizations and with representatives of the national authorities. It should develop “national profiles” on the returnee/IDP situation and should coordinate the work of the area offices in this regard.
200. It is essential that any returnee/IDP structure within the human rights operation identify the principal problems that HROs are likely to encounter during monitoring of the situation, return and reintegration of displaced persons. For example, the information available to the unit may indicate that returnees and IDPs will be particularly at risk from: violations of the right to freedom of movement during the return; violations of the right to reclaim homes and other property; violations of the right to freedom of assembly; and violations of the right to liberty.
201. The returnee/IDP unit should develop the field operation’s policy with regard to each of these human rights violations. HROs should be informed of how to identify each violation, and of what they may do, under the mandate and any agreement with the national authorities, to address the problem. In this way it will also be possible for HROs to raise such problems with the local and national authorities before they occur, and for problems to be dealt with as effectively as possible.
202. The returnee/IDP unit should give particular attention to the needs of vulnerable groups, such as women and children, within the returnee/IDP population. HROs should be informed of what rights vulnerable groups have and how those rights may be protected. In many returnee/IDP situations there will be other international organizations working specifically with these vulnerable groups. The returnee/IDP unit should coordinate the work of the human rights operation towards vulnerable groups with these organizations.
203. As mentioned above, much of the monitoring of returnees and IDPs will involve registering and addressing cases of human rights violations. In this respect the work of the returnee/IDP unit will overlap with that of any monitoring or similar unit that exists within the operation. It is important that the work of each unit be clearly defined, and that lines of communication between the units, and between the area offices and each unit, be efficient.
2. Area offices and staff
204. As information arrives on an evolving returnee/IDP situation, it may be useful for the human rights operation to open area offices in regions to which displaced people are expected to return (if this step has not already been taken).
205. Within each area office at least one staff member should be appointed as the returnee/IDP officer. This person will maintain contact with the central office returnee/IDP unit and will be responsible for contacts with the principal authorities and relevant international organizations in the region as to returnee/IDP issues. The returnee/IDP officer will also be responsible for ensuring that other staff members in the office are informed of policy decisions taken by the returnee/IDP unit.
206. Each area office should produce a “regional profile” of the returnee/IDP situation in the region and should write regular report updates on the evolution of that situation (perhaps as a part of the office’s periodic reports). These reports on the changing situation should be disseminated throughout the operation, because major changes in one region may have a significant impact on the work of other area offices.
3. Logistical preparations
207. There are a number of logistical and resource issues which require preparation.
Depending on the size of the human rights field operation, and on the particular role that it will play with regard to returnees and IDPs, the director of the human rights operation may wish to increase the numbers of HROs within the operation to cover the return period. Returnee/IDP monitoring is very labour intensive and the more officers that are present in the field the more effective the monitoring will be.
208. In some situations it may be appropriate to “re-deploy”’ staff already with the operation to areas where they will be most needed. Any movement of staff members from one area office to another should be planned as far in advance as possible to avoid disrupting ongoing work.
209. Re-deployment and the arrival of new staff members will only be effective if a sufficient number of vehicles and radios (where relevant) are provided to them. In some places these items may not be readily available, and their purchase will have to be planned well in advance.
4. Coordinating and collaborating with other organizations
210. Every effort should be made to coordinate the work of human rights area offices with other organizations that are also working with returnees and IDPs to ensure that there is no duplication or contradiction. This principle is especially important with regard to monitoring the actual return, a period during which displaced populations may be the most at risk.
211. Where major problems arise in the return process it is very important that the principal international organizations coordinate and collaborate in their response. For example, in the event of a serious violation of human rights committed by local authorities against the returnees and IDPs the international organizations should seek a common position. This consultation process between organizations should take place at the central office level and also at the area office level. Guidance on organizations with which area offices should develop contacts may be found in Chapter VII:
“Information Gathering”.
212. This section provides brief guidelines on what information should be shared and how different responsibilities may be attributed.